HomeMy WebLinkAboutCOM 0624.005 2002-2004 (~1 ~ y / ( April 16, 2004
L'~U~~ Ilf~i~ ~rl I~k~ ~I
rC)i-r`` i ' P.O. Box 827
Pepeekeo, HI 96783
Councilman Fred Holschuh, M.D.
Hawaii County Council
25 Aupuni St.
Hilo, HI 96720
Dear Councilman Holschuh:
I'm writing this as a follow-up to our recent meeting with Ms. Marilyn Vincent of the
Real Property Tax Office. My hope is that you will take the initiative to propose
lowering the real property tax rate for owner-occupied residential and bonafide farm
properties. Longer term desired outcomes aze that you will, similazly, address systemic
problems in land use that are placing island residents at risk ofno longer being able to
afford their own homes or land.
The land speculation occurring in Hamakua, and the frenzy of real estate acquisitions
everywhere on island (mainly at the hands of OFF island buyers), are causing values here
and everywhere on island to rise dramatically. This, together with a new method for
calculating the value of the home site portion of farms and ranches, is a concern forme
and other farmers and ranchers as the article by Virginia Smith (enclosed) notes. My
own land value here in Pepeekeo where I live and farm nearly tripled over the past yeaz
despite the fact that I have simply continued to farm it without making any improvements
or decreasing the farm acreage. For me personally that will result in an increase of
$621.00 in property tax if the county council does not change the tax rates, azid it would
mean that my property taxes will have doubled since 2002. The root cause of this has
been the speculation in agricultural land that has occurred in our Hamakua district over
the past two yeazs.
I do want to note chat my modest farm income (estimate $15,000.00 in 2003, 90% of
which was recycled into our local economy for wages, services, supplies and equipment)
is not my sole source of income so I am one of the fortunate ones who will be able to
absorb this added tax if it does occur. However, I am concerned at what impact this wilt
have on many of my neighbors and many other island residents who aze futly dependent
upon farm income and or modest pensions to survive. Even for me the likelihood of my
property taxes doubling in two yeazs' time is troubling as I turn 65 this summer and face
the prospects of also living on fixed pensions and declining farm revenues. Will farming
be a viable option for me five yeazs from now at this rate?
I suggest several courses of action to address this situation. First, commensurate with
your 2004-2005 budget review of county revenues (greatly aided by this windfall in
Comm. No._, ~ Z~'
Ref. To: etNrar~ ~
Ref. Uate~--
property taxes, I would think) and proposed expenditures {always increasing but more so
now to keep up with the added growth in population, vehicles, opala, etc.), recommend
you consider lowering the property tax rates as I suggested above. Second, I urge you to
consider imposing a steep conveyance tax on land speculators who are simply trading in
island property as a commodity ("flipping properties" as it's known in their trade) for
their own personal gain. These speculators (most ofwhom aze not full time island
residents or local people) are getting wealthy at our wllective expense via the
accelerating property values they cause in addition to the waste, congestion, quality of
life issues, etc. that they often contribute to disproportionately. In short, local residents
are left "holding the bag" as these "carpet baggers" move on to do their next deal! They
don't even pay excise taxes (as I do) on their earnings from their land. A county property
conveyance tax is an idea whose time has come. The revenues from this tax should be
eazmazked for county infrastructural improvements (thereby avoiding raising fuel and
property taxes), for improved public transportation, for enforcement of environmental
and land use laws (that does not presently occur), or other designated uses. Such a tax
would also put a damper on land speculation as residents of other "endangered island
communities" in the Pacific Northwest and New England states have long since learned
and have resorted to as a successful strategy for managing growth. We will likely need to
work with the state to achieve this taxing mechanism but it will be well worth the effort.
Finally, we need to modify or close altogether a major loophole in our zoning code that
deals with parcels or "lots of record" that existed prior to the implementation of a zoning
code here in the early 1960's. The existing law allows owners of such lots to build,
develop, buy or sell, or consolidate and re-subdivide them without regard to the zoning,
without infrastructural improvements, and without any mitigation for the negative
impacts they cause on roads, schools, drainage, etc.. For example, if the owner of a 10
acre former cane field that evolved from pervious lots of record (i.e., homesteads grants,
Kuleana pieces, etc.) can make his case with the county that their land is comprised of
twenty discrete lots of record that existed prior to zoning, they have the right under
current law to consolidate and re-subdivide (PCRS) this one existing pazcel into twenty
sepazate %z acre pazcels shazing a common red cinder "access road", notwithstanding the
fact that they may be located on the rim of a cliff in AG land that has been zoned AG20
or AG 40. Indeed this is exactly what land speculators have done in recent years despite
the fact that they were not the original owners that the loophole was designed to protect.
These "lots of record" pazcels are what the "smart shoppers" are buying in large tracts
and sub-dividing along PCRS guidelines selling the resulting farm lots at "market prices"
(that no locals can afford!) with virtually no development costs involved and little benefit
to anyone beyond themselves, their attorneys, some reahors, the escrow companies, and a
few surveyors. Little wonder that land speculators are descending upon the Big Island
from neaz and faz to capitalize on this raze opportunity to get rich overnight. All it takes
to succeed is a money hui and a couple of willing attorneys specializing in reseazching
titles. For an example of these PCRS sub-divisions (which aze reminiscent of the
infamous Puna sub-divisions of the 1960's) you need only drive up the Belt Highway
past Pepeekeo to observe the plethora of new "gated communities" and Yz million dollar
homes taking shape along the Hamakua cliffs (eroding the edges and causing landslides
onto the highway below which the county then dutifully cleans up at no cost to the
offending property owner). We know how local residents view these projects as they are
systematically shut out of traditional mauka-makai access routes by the gates and fences
that have changed the landscape overnight. We can only wonder how towists view this
scene after they've traveled thousands of miles to view "the unspoiled Hamakua Coast".
Is this existing PCRS loophole good for the county in terms of costs vs. benefits? Is it
good for agricultwe? Good for towism? Good for the environment and the economy?
Good for local people?! Think we should tighten it up now or wait until another 10-I S
PCRS subdivisions have been approved? Clearly, I recommend the former.
Mahalo for yow patience in reading this long, tedious letter. I couldn't distill it into a
page or two without diluting the content although the ~ncloswe attached (letter
from Claudia Woodwazd-Rice) comes close to doing just that. Please share this with
your Colleagues on the council and with their aides and auditors as well because this is
not just about my own rising taxes, it's about a bigger problem that affects all of us. My
hope is that you will quickly move on the tax rate and perhaps the conveyance tax
proposal as well. The mayor is right. We do need to fix our roadways without further
procrastination and that requires additional funding. A conveyance tax could provide tax
funding without penalizing everybody as increased fuel taxes would do. Time is not on
ow side. We need only turn back the clock a year or two to observe "the bargain pieces"
in real estate (or property taxes!) of 2002. We can also look up the island chain for the
insights we need as to where we're quickly headed if we allow ow current policies to
remain unchecked. Ow futwe is on the line today. We need to act wisely, we need to act
boldly, and we need to act NOW. Kokua!
Ua mau ke ea o ka aina i ka pono.
~
Bob~Williams
Two enclosures
CI: Mayor Harry Kim
Ms. Marilyn V incent
" ~ f
>L'~J
~ ~i IG(.irZS
tuesday GNINOS f
?WWn~sday HOMELIFE ~ ~~'""-n`~ a~wd ahu Icad to
fanner, ~uo~lividutc ihev hst-m sand
Thursday BUSINESS
i and ,chin! ~ of puttums of it m order
Friday ARTS&ENTEflTAINMENT I [o pav she !axes on the pan [hey are
keepm_~. Obviously this does not sup-
' ' - ` ' ~ ~ ~ ~ ~ port. conserve ur protect acriculture.
.a~nculture a an imponant part of
ourecunumy and lifestyle. The 1997
Tropical gardening United States Department of Agricul-
ttue 1 USDA) Census reported that
there were 3.319 fauns on the island;
2,062 of which were between one and
nine acres in ,ice.
Virginia The 1997 Ag Census also reported
Easton a market value of agriculturl prod-
- acts sold of almost 5170 million for
Smith Hawaii County. This is almost 35 per-
crnt of the $500 million value for the
state. Of course this dcesn'[ include
Isle farmers worry tl,e value of things like processing
macadamia nuts from in-husk to in-
about higher taxes shell to the roasted nu[ or of products
such us chocolate covered mac nuts.
he recumng question ['ve Therefore, it is estimated that the
Tbeen hearing the last couple market value ,hould be multiplied by
weeks is "So. did you ~•et at least two, and perhaps three, times
your tax .usessment°" It is to give a more accurate value.
usually followed wnh 'Bv haw manv The USDA conducts this huge
times did your taxis eo up'" nationwide agriculture census every
The "new method for calculating Eve yeah I the _002 census data will
the value of the homesite portion" of be analyzed and uvatlable in June. For
farms and ranches is a growing con- more statistics tin agriculture see
cam in the agricultural community. http~/www.nass.usda.gov/census/, or
The topic was discussed at recent call the National Agriculttual Sta[is-
meetings of the Kona Farm Bureau tics Hotline at 1-800-727-9510.
and the Kona Farmers Alliance, as What can you do about the real
well as at the farm supplies stores, property taxes? First look carefully at
and across the back fence (and the e- your 2004 Real Property Assessment
mails have been flying') Naace and be sure you tmderstand
According to a letter sent by the what it means for your situation.
Hawaii County Real Property Tax Next, get involved with [he commodi-
Office to about 5.000 owners and ry or farm organization of your
lessees of property zoned agriculture, choice. If you disagree with the way
"the principal change involves valu- the tax is being calculated. voice your
ing the non-farmed or homesite area opinion with a phone call or letter to
atone that is representative of the your' elected of5cials, and to the Rea!
market value of a comparable home- P[opeRy Tax office.
site." This is resulting in enormous You can also file an appeal of your
increases in taxable values and result- assessment, there are four possible
~ ing huge increases in taxes for most gtomds for appeal-see which one or
growers and may be the straw that ones apply to you. The appeal must
breaks the camel's back for many be postmarked by April l2 (the usual
small fanners. appeal date is Apri19 butt this year it
Even thou:h a farm dwelling is an is the 12th), and accompanied by a
allowed use on land zoned agricul- 5l5 deposit. Go to www.hawaiiprop-
ture, it is bein_ valued at the market ertytax.com (then Fortes and Insttuc-
value tix a residential lot of that ,ize [ions, then Appeals) for more infor-
as ~f rt were a ,eparate parcel It is matron and forms.
sug~e,ted m the letter that the home- ~~L /
uwne(; clasuhcanun [ax rate I which
is a little aver half that of the agricul- u~tR ~-e~ rtau~gr.
[oral rates might he more favorable ~QYE~S$O[ISOrOO
with thiti new ;vtitem. -.w.w,u~.r ci:.wh
Bcr~~re ahunsm~. he ,are ~ ou tic Editor David Bock
aware ~,f ht~~e phi>,ould .tttect your 335-0""622, ext. 244
[axas ~~n she ,`umre .me. market ~:alue, Assoc~~ate sditor Richard Palmer
arc .ur, 'r~ ~~.c a ~ne. ~•m,e'n he 935-a622, ext. 245
~ ?97![I'. ~ JU':
ire 't~ n~`. .:'R'n'
Save Hawaii Island's farm lands
Hawaii Countv is an island, and much of the
flelt_~ighway is limited to two lanes by multiple
badges. Basic infrastructure here is often poor,
many households have no public water supply
and public safety services are more than 30 min-
utes away.
~Vhy then does the County of Hawaii continue
to. approve development that burdens communi-
ties with increased traffic, toss of prime agricul-
tural land, and new residents the current infra-
structure cannot support'?
Are we doomed [o go the way of Maui with
local residents priced out of the community'?
Why aren't our planning and zoning laws updat-
ed to protect us from the gridlock, flood and
sprawl which resuh, from poor planning'?
County residents are skilled in a~>riculture but
land is continually being hroken up into smaller
and smaller parcels at inflated prices. This stress-
es the ability oFdivecsitied agriculture to com-
pete with speculators who would sell parcels for
gated communities and "up-scale" developments
that destabilize rural areas. The costs of infra-
structure often are no[ paid by the developers,
and will ultimately be borne by local taxpayers.
When we consider the capacities of our roads,
schools, public utilities and public safety ser-
vices it is obvious that allowing speculators to
control planning is a recipe for disaster.
In rural South Hilo, sated communities will
soon add their trafFc to the current congestion.
New driveways can be seen all along the high-
way north of Hilo where prime agricultural lands
will disappear under residential sprawl.
County council members have heard loudly
'from Kona residents complaining about gridlock
and over-development. A mauka parcel in Hilo is
.slated for dense development in spite of the flood
dangers it would create.
This is an election year. [t is time for the coun-
ty to face its infrastructure limitations, preserve
our agricultural resources, and control growth to
manageable proportions.
Claudia Woodward-Rice
Honomu
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